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Lincoln Defended: The Case Against the Critics of Our 16th President
National Review ^ | 06/05/2013 | Rich Lowry

Posted on 06/05/2013 7:52:32 AM PDT by SeekAndFind

Decades ago, the distinguished Lincoln biographer David Herbert Donald coined the phrase “getting right with Lincoln” to describe the impulse people feel to appropriate Lincoln for their own political agendas. Anyone who has watched Barack Obama, who as a senator wrote an essay for Time magazine entitled “What I See in Lincoln’s Eyes” and swore the oath of office as president on Lincoln’s Bible, will be familiar with the phenomenon. Democrats like to claim Lincoln as, in effect, the first Big Government liberal, while Republicans tout him as the founder of their party.

But the reflex identified by Donald isn’t universally felt. A portion of the Right has always hated Old Abe. It blames him for wielding dictatorial powers in an unnecessary war against the Confederacy and creating the predicate for the modern welfare state, among sundry other offenses against the constitutional order and liberty.

The anti-Lincoln critique is mostly, but not entirely, limited to a fringe. Yet it speaks to a longstanding ambivalence among conservatives about Lincoln. A few founding figures of this magazine were firmly in the anti-Lincoln camp. Libertarianism is rife with critics of Lincoln, among them Ron Paul and the denizens of the fever-swamp at LewRockwell.com. The Loyola University Maryland professor Thomas DiLorenzo has made a cottage industry of publishing unhinged Lincoln-hating polemics. The list of detractors includes left-over agrarians, southern romantics, and a species of libertarians — “people-owning libertarians,” as one of my colleagues archly calls them — who apparently hate federal power more than they abhor slavery. They are all united in their conviction that both in resisting secession and in the way he did it, Lincoln took American history on one of its great Wrong Turns.

The conservative case against Lincoln is not only tendentious and wrong, it puts the Right crosswise with a friend. As I argue in my new book, Lincoln Unbound, Abraham Lincoln was perhaps the foremost proponent of opportunity in all of American history. His economics of dynamism and change and his gospel of discipline and self-improvement are particularly important to a country that has been stagnating economically and suffering from a social breakdown that is limiting economic mobility. No 19th-century figure can be an exact match for either of our contemporary competing political ideologies, but Lincoln the paladin of individual initiative, the worshiper of the Founding Fathers, and the advocate of self-control is more naturally a fellow traveler with today’s conservatives than with progressives. In Lincoln Unbound, I make the positive case for Lincoln, but here I want to act as a counsel for the defense. The debate over Lincoln on the Right is so important because it can be seen, in part, as a proxy for the larger argument over whether conservatism should read itself out of the American mainstream or — in this hour of its discontent — dedicate itself to a Lincolnian program of opportunity and uplift consistent with its limited-government principles. A conservatism that rejects Lincoln is a conservatism that wants to confine itself to an irritable irrelevance to 21st-century America and neglect what should be the great project of reviving it as a country of aspiration.

The fundamental critique of Lincoln is that he was “the Great Centralizer,” as columnist and George Mason economist Walter Williams puts it. He earned this pejorative sobriquet, first and foremost, by resisting secession, which “remained a reserved right of the states,” in the words of Thomas Woods in his Politically Incorrect Guide to American History. In defending secession, Lincoln-haters often revert to the brilliant 19th-century South Carolina politician and thinker John C. Calhoun, although he’s a dubious source of wisdom about the Constitution. (I draw particularly on the excellent work of Thomas Krannawitter in his Vindicating Lincoln and Daniel Farber in his Lincoln’s Constitution in what follows.)

Calhoun didn’t want to preserve the constitutional order, but to change it to afford even more protections for the slave states. Historian Richard Hofstadter called him “The Marx of the Master Class.” He disdained the Federalist Papers. Believing that the Constitution represented only a loose “compact” between the states, he thought the country had gone wrong from the very first Congress, which had set the country on a nationalist path “from which it has never yet recovered.” He wanted to substitute his own constitutional scheme — involving nullification by the states under his doctrine of “concurrent majority” — for that of the Founders.

Calhoun’s theories got a test run in the Nullification Crisis of the early 1830s, when South Carolina “nullified” the so-called 1828 Tariff of Abominations before backing down in the face of President Andrew Jackson’s fierce reaction (a compromise was forged over tariff policy). Then came the South’s secession after Lincoln’s election in 1860, which was defended in Calhounite terms by Jefferson Davis himself. He said “that each State was, in the last resort, the sole judge as well of its wrongs as of the mode and measure of redress. Indeed, it is obvious that under the law of nations this principle is an axiom as applied to the relations of independent sovereign States, such as those which had united themselves under the constitutional compact.”

There is nothing in the text of the Constitution to suggest that it is a treaty among independent nations, and the right to secession shows up nowhere. You don’t need to embrace Lincoln’s robust nationalism — he thought the Union had existed prior to the Constitution and the states, and argued that “perpetuity is implied, if not expressed, in the fundamental law of all national governments” — to reject nullification and secession. You need only go to the Father of the Constitution, James Madison.

Madison held something of a middle position. He explained in Federalist 39 that we have “neither a national nor a federal Constitution, but a composition of both,” or, as he said elsewhere, “a new Creation — a real nondescript.” That didn’t mean that the union wasn’t a nation. “What can be more preposterous,” Madison asked, “than to say that the States as united, are in no respect or degree, a Nation, which implies sovereignty; altho’ acknowledged to be such by all other Nations & Sovereigns, and maintaining with them, all the international relations, of war & peace, treaties, commerce, &c.” In the 1869 case of Texas v. White, the Supreme Court nicely stated a Madisonian view of the question: “The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.”

Madison considered Calhoun’s views dangerous. If the states had the power to decide whether or not to abide by federal law, it would lead to clashes between state and federal officials “in executing conflicting decrees, the result of which would depend on the comparative force of the local posse.” It put “powder under the Constitution and Union, and a match in the hand of every party to blow them up at pleasure.” Secession was “the twin” of nullification, and Madison urged in 1832, “It is high time that the claim to secede at will should be put down by the public opinion.”

It hasn’t been entirely put down yet. In his anti-Lincoln tract The Real Lincoln, Thomas DiLorenzo argues that secession is as American as apple pie. “The United States were founded by secessionists,” he insists, “and began with a document, the Declaration, that justified the secession of the American states.” No. The country was founded by revolutionaries and the Declaration justified an act of revolution. No one denies the right of revolution. Madison said that revolution was an “extra & ultra constitutional right.” Even Lincoln, in his First Inaugural Address, concedes the point: “If, by the mere force of numbers, a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution — certainly would, if such right were a vital one.”

The friends of secession aren’t eager to invoke the right to revolution, though. For one thing, when a revolution fails, you hang. For another, the Declaration says a revolution shouldn’t be undertaken “for light and transient causes,” but only when a people have suffered “a long train of abuses and usurpations.” What was the train in 1860 and 1861? Seven southern states left the Union before Lincoln was inaugurated. The South had dominated the federal government for decades. Abuses and usurpations? It’s more like lose an election and go home.

As Thomas Krannawitter points out, the Founders thought revolution was justified in the case of a violation of natural rights. The Confederates, in contrast, wanted to wage a revolution to ensure no interference with their violation of the natural rights of slaves.

This gets to another element of the anti-Lincoln case, which involves denying or downplaying the role of slavery in secession and the Civil War. DiLorenzo says, for example, that Lincoln’s cause was “centralized government and the pursuit of empire.” Walter Williams addressed the issue in a column aptly titled “The Civil War Wasn’t about Slavery.” Charles Adams, author of When in the Course of Human Events: Arguing the Case for Southern Secession, pins the war on “economic and imperialistic forces behind a rather flimsy façade of freeing slaves.” The pro-secessionists typically fasten on the tariff as the cause of all the unpleasantness.

This is laughable. The tariff wasn’t anything new, and in fact was the main source of revenue for the federal government. Tariff rates bumped up and down. When South Carolina got the ball rolling on secession in December 1860, the tariff was at its lowest level since 1816, thanks to southern and western success at dropping rates in 1857. The Morrill tariff, steeply hiking rates and supported by Lincoln, passed the House in May 1860. But it didn’t pass the Senate until early the next year, its cause aided by the departure of southern senators who were no longer there to vote against the measure that some of their chronologically challenged latter-day apologists would hold responsible for their exit.

There’s no doubt that the South had reason to be aggrieved by high tariff rates favoring northern manufacturers, and the issue came up in its justifications for leaving the Union. But it was decidedly secondary to the primary issue: slavery, slavery, and slavery. South Carolina’s declaration of secession complained, first of all, that northerners had become maddeningly lax about returning fugitive slaves to bondage. The second sentence of the Georgia declaration was: “For the last ten years we have had numerous and serious causes of complaint against our non-slave-holding confederate States with reference to the subject of African slavery.” Mississippi avowed with refreshing frankness: “Our position is thoroughly identified with the institution of slavery — the greatest material interest of the world.”

Even DiLorenzo concedes that slavery was the initial cause of secession, but he does it almost by way of an aside, so that he can keep his focus on the tariff and economics. But slavery was the South’s prism for everything. Some southerners worried that if the federal government could impose a tariff, it could interfere with slavery. The South’s commitment to federalism was highly situational. It insisted on a federal Fugitive Slave Act to tighten the screws on anyone in the northern states who was insufficiently zealous about returning runaways. Southern Democrats walked out of the 1860 Democratic convention when the party couldn’t forge a consensus on a platform demanding federal protection for slavery in the territories.

Lincoln’s forceful response to the dissolution of his country is another count against him for his critics. They, of course, call him a “dictator,” among other choice names. Economist Paul Craig Roberts called him “an American Pol Pot, except worse.” For DiLorenzo, he was “a glutton for tyranny.” These Lincoln-haters are real sticklers for the Constitution yet have no use for the admonition in Article II that the president take care that the laws be faithfully executed.

They come up with fanciful alternatives to military conflict. Ron Paul wonders why Lincoln didn’t forestall the war by simply buying up and freeing the slaves. With his usual sense of realism, Paul ignores the fact that Lincoln repeatedly advanced schemes for just such a compensated emancipation. Lincoln argued for these proposals as “the cheapest and most humane way to end the war.” But except in the District of Columbia, they went precisely . . . nowhere. The border states weren’t selling, let alone the South. Even little Delaware, which was selected as a test case because in 1860 it had only 587 slaveholders out of a white population of 90,500, couldn’t be persuaded to cash out of slavery. One plan proposed by Lincoln would have paid $400 or so per slave and achieved full abolition by 1893. A version of the scheme failed in the state’s legislature.

The bottom line is that the South created a national emergency, and, ever since, its apologists have excoriated Lincoln for responding with emergency powers. After the Confederacy fired on Fort Sumter in April 1861, Lincoln replied with every lever at his disposal — and then some. He called out the militia. He blockaded southern ports. He called for volunteers to increase the size of the regular army and expanded the navy. He directed that $2 million be forwarded to private citizens in New York for expenditures related to the national defense (he suspected the loyalty of the federal bureaucracy). He did all of this without consulting Congress, which wasn’t in session. Lincoln, who wanted to control the early response to the war, didn’t call it back until July 4.

There was no doubt about his power to call out the militia. For the rest, he fell back on the authority of Congress. “These measures, whether strictly legal or not,” he said in his July 4 message to Congress, “were ventured upon, under what appeared to be a popular demand, and a public necessity; trusting, then as now, that Congress would readily ratify them.” Expanding the military and appropriating funds without Congress can’t pass constitutional muster, but Congress did indeed bless all his military measures retroactively — in the bill’s language, “as if they had been issued and done under the previous express authority and direction of the Congress of the United States.”

Most controversial is Lincoln’s suspension of habeas corpus. He first suspended it between Washington and Philadelphia in April 1861 after troops heading to the undefended capital from the north were attacked by a mob in Baltimore, after which Baltimore railroad bridges and telegraph lines were cut. This was a genuine crisis of a government beset by enemies on all sides. Article I, section 9 of the Constitution says, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The circumstances certainly justified suspension, but the placement of this provision in Article I suggests it is a congressional power.

Congress rendered the question moot in 1863 when it passed a law saying the president had the power to suspend. As the suspension covered the entire country, the military arrests and trials brought inevitable overreaching and abuses. They earned Lincoln a rebuke from the Supreme Court after the war, when it ruled against military trials where civilian courts were still open. Some high-profile arrests, most famously of the anti-war Democrat Clement Vallandigham of Ohio — in 1863, without Lincoln’s prior knowledge — have proven embarrassments for the ages. But in his careful, Pulitzer Prize–winning study of civil liberties during the war, Mark Neely gives a basically exculpatory though hardly uncritical verdict on the Lincoln record.

Overall, according to Neely, arrests “were of less significance in the history of civil liberties than anyone ever imagined.” He points out that even Lincoln-administration officials often used the term “political prisoner” for any civilian held by the military, a highly misleading label. “A majority of the arrests,” he writes, “would have occurred whether the writ was suspended or not. They were caused by the mere incidents or friction of war, which produced refugees, informers, guides, Confederate defectors, carriers of contraband goods, and other such persons as came between or in the wake of large armies. They may have been civilians, but their political views were irrelevant.”

Lincoln wasn’t a dictator; he was a wartime president operating at the outer limits of his power in dire circumstances when the existence of the country was at risk, and — inevitably — he made mistakes. Lincoln didn’t try to put off elections, including his own in 1864, which he was convinced for a long stretch of time that he would lose.

Yet another favorite count against Lincoln on the Right is that he was the midwife for the birth of the modern welfare state — a false claim also made by progressives bent on appropriating him for their own purposes. The war necessarily entailed the growth and centralization of the state, but this hardly makes Lincoln a forerunner to FDR or LBJ. The income tax required to fund the war, instituted in 1861 and soon made into a progressive tax with higher rates for the wealthy, was a temporary measure eliminated in 1872. Wars are expensive. In 1860, the federal budget was well under $100 million. By the end of the war, it was more than $1 billion. But the budget dropped back down to $300 million, excluding payments on the debt, within five years of the end of the war.

To see in any of this the makings of the modern welfare state requires a leap of imagination. In the midst of the war, the State Department had all of 33 employees. The famous instances of government activism not directly related to the war — the subsidies to railroads, the Homestead Act — were a far cry from the massive transfer programs instituted in the 20th century. The railroads got land and loan guarantees but were a genuinely transformational technology often, though not always, providing an economic benefit. The Homestead Act, as Lincoln historian Allen Guelzo argues, can be viewed as a gigantic privatization of public lands, which were sold off at a cut rate to people willing to improve their plots.

In the North during the war, historian Richard Franklin Bensel points out, the industrial and agricultural sectors ran free of government controls. The labor force, although tapped for manpower for the war, was relatively unmolested. The government became entangled with the financial system, but that system was also becoming more modern, sophisticated, and free of European influence. Given its vitality and wealth, the North could wage the war without subjecting itself to heavy-handed command-and-control policies. Compared with the overmatched Confederacy, it was a laissez-faire haven.

It was, rather, the southern political economy that came to depend most heavily on bureaucratic control and government expropriation, as Bensel notes. An extensive conscription law effectively subjected the entire labor force to centralized direction. The government had the discretionary power to exempt certain occupations and to detail men to civic duties deemed necessary; private concerns, therefore, depended on the government for workers. Despite a constitutional prohibition, the government subsidized the construction of railroads and by the end of the war assumed control of them and, by extension, the supply of raw materials.

The Confederacy “impressed” property from manufacturers, farmers, and railroads to supply the military. The system led to wide-ranging price controls. One Confederate congressman complained of the government agents who were “as thick as locusts in Egypt.” Under pressure from the Union blockade, the government eventually prohibited the importation of luxuries and took control of a vast array of exports. It imposed a more progressive income tax than the North did. In short, the Confederates pioneered a program of war socialism back when Woodrow Wilson — the progressive president who would run the country’s economy on a similar basis during World War I — was still in knee-pants.

Lincoln’s economics are hardly invulnerable to criticism. He was indeed a government activist, though at a time when government was different from what it is today — vastly less extensive and obstructive, with the wealth transfers of the modern welfare state nowhere in sight. Throughout his career he supported internal improvements (i.e., transportation projects), a protective tariff, and sound, duly regulated banking. These policies were associated with their share of waste and corruption. On the other hand, wherever canals and railroads touched, they brought the competitive pressure of the market with them; the tariff was a support to the growth of industry; the banks produced a reliable paper currency necessary for a cash economy. They all tended to create a vibrant, diverse economy open to men of various talents. Here is where Lincoln is guilty as charged: The agrarians are right that he sought to end the simpler, agricultural America in favor of a modern commercial and industrial economy.

There is one final indictment against Lincoln. It is said that he elevated the Declaration and the principle of equality that it enshrines over the Constitution. NR’s venerable senior editor Frank Meyer worried that he had loosed a free-floating, abstract commitment to equality throughout the land that supported the leveling tendencies of modern liberalism. But Lincoln’s equality was the equality of natural rights, not results. “I take it,” he said in 1860, “that it is best for all to leave each man free to acquire property as fast as he can. Some will get wealthy. I don’t believe in a law to prevent a man from getting rich; it would do more harm than good.” He warned a delegation of workingmen during the war of the peril of a “war on property, or the owners of property”: “Let not him who is houseless pull down the house of another; but let him labor diligently and build one for himself.”

Lincoln thought the purpose of the Constitution was to protect the inalienable rights enunciated in the Declaration; but this did not downgrade the Constitution. Despite his opposition to slavery, he honored the Constitution’s protections for it, even as his abolitionist allies bridled at them. In his final speech of the 1858 Senate campaign against Stephen Douglas, he said, “I have neither assailed, nor wrestled with any part of the Constitution. The legal right of the Southern people to reclaim their fugitives I have constantly admitted. The legal right of Congress to interfere with the institution in the states, I have constantly denied.” When Lincoln issued the Emancipation Proclamation, he did it as an inherently limited war measure. Allen Guelzo notes how he never lost sight of its prospective legal vulnerability once the war ended. He finally looked to the 13th Amendment — a completely constitutional measure — as the “King’s cure for all the evils.”

I think it is important to clear away the anti-Lincoln flotsam so that conservatives can appreciate what Lincoln has to teach them, especially in this moment when opportunity in America is under threat from stultifying and wrongheaded policies and from an ongoing cultural breakdown. Notwithstanding the Right’s ambivalence about Lincoln, he has always had friends in unexpected places. The great traditionalist Russell Kirk, despite devoting a chapter to Calhoun in his classic The Conservative Mind, admired Lincoln. “In his great conservative end, the preservation of the Union, he succeeded,” Kirk wrote, noting “the charity and fortitude of this uncouth, homely, melancholy, lovable man.” The formidable agrarian Richard Weaver also has a brilliant chapter on Lincoln in his book The Ethics of Rhetoric. He argues, “With his full career in view, there seems no reason to differ with [Lincoln law partner William] Herndon’s judgment that Lincoln displayed a high order of ‘conservative statesmanship.’”

Then there is William F. Buckley Jr., who didn’t always agree with his friend Frank Meyer. Buckley wrote a letter to the editor dissenting from one of Meyer’s anti-Lincoln blasts in the 1960s. “Some conservatives have a Thing on Lincoln, including, unfortunately, my esteemed colleague Mr. Frank Meyer.” Buckley especially regretted the charge that Lincoln was “anti-humanitarian”: “It seems to me that this is worse than mere tendentious ideological revisionism. It comes close to blasphemy.” So many decades later, tendentious revisionism and blasphemy are still favorite tools of the anti-Lincoln Right.

We should reject them now, as Buckley did then, and re-discover the Lincoln who told the 166th Ohio regiment during the war that it was “through this free government” that they had “an open field and fair chance for [their] industry, enterprise, and intelligence,” and “equal privileges in the race of life, with all its desirable human aspirations.” He concluded, “The nation is worth fighting for, to secure such an inestimable jewel.” That jewel still needs to be secured, and it is still worth fighting for.

– Rich Lowry is editor of National Review. Parts of this essay are drawn from his new book Lincoln Unbound: How an Ambitious Young Railsplitter Saved the American Dream — and How We Can Do It Again, coming out this month from Broadside Books.


TOPICS: History
KEYWORDS: lincoln; lincolnsucks; presidents
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To: central_va

Like spokes on a wheel Sherman rolled his men towards Atlanta, destroying all infrastructure that could be used for war. Sherman came from Cartersville where he made the last communication with the north in which he succinctly stated that the March had begun. Other commanders came from Rome, Cedartown, Dalton, and Decatur. When the armies met in Atlanta the March to the Sea was about 20% complete, although to this day most people say the March began in Atlanta.

On the evening of November 14, 1864, Sherman regrouped his army into a left wing and a right wing and left Atlanta. Sherman’s Merchant of Terror, Judson Kilpatrick was given the choir of destroying any remaining buildings that might be use to further the war effort. Kilpatrick’s Burning of Atlanta, however, was significantly less than Hood’s Burning of Atlanta.

http://www.aboutnorthgeorgia.com/ang/Atlanta_Under_Sherman


321 posted on 06/08/2013 5:58:18 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: 0.E.O

Mama’s gotcha got no one. No points for the pointless.


322 posted on 06/08/2013 6:00:13 PM PDT by rockrr (Everything is different now...)
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To: donmeaker

The way I understand it if the Governor doesn’t ask for Federal assistance then the President cannot do anything. For instance disaster relief. FEMA cannot just go in to a state without that state’s governors authority.


323 posted on 06/08/2013 6:14:03 PM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: MamaTexan

” I thought you were just being punny.”

It was punny (haha), but it was a mistake. *sigh* Sadly, my funnybone isn’t working today.

You are correct that no State can intervene in another without being asked to do so. A4S4 says clearly that application must be made by either the legislature or executive.

Unfortunately, also, is that today everyone assumes the federal government has all power unless challenged otherwise with the federal government getting the benefit of the doubt. The Constitution was not written that way at all.


324 posted on 06/08/2013 6:17:20 PM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: 0.E.O
How can a state be in rebellion with itself? When a state votes for articles of secession that is not a rebellion.

Let's cut to the chase, you guys think like thugs, like Nazi's. You can justify any Federal action, any time. I don't believe any of the members of the Lincoln Coven are Conservative. All of you, except for rockrr, are retreads who were zotted on other threads when your true colors came out.

You deserve Obama. You deserve an oppressive Federal govt.

I don't and I deserve better countrymen than the likes of you people. So why don't all of you Federal Boot lickers go < expletive deleted > your life sized Lincoln blow up dolls..

There I feel better.

325 posted on 06/08/2013 6:24:38 PM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: central_va

That may be true for a disaster, after the 1956 and 2006 amendments to legislation, but was not so in 1807 version of the legislature.


326 posted on 06/08/2013 6:34:09 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: 0.E.O
Your position is like requiring the police to get the permission of the mugger before arresting him.

Yet yours is like opening your wallet for him and then thanking him for the robbery.

-----

Insurrection, rebellion, revolution, all synonyms. All were illegal and Congress had the authority to suppress any one of them.

Article 4 section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

The words insurrection and rebellion appear nowhere in Art4Sec4, just invasion and 'domestic violence'. But which of those terms would be closer to fitting the common definition of rebellion and insurrection? Certainly not invasion, to which the federal government is supposed to render assistance, but domestic violence... the part of the clause that REQUIRES State authority.

--------

Article 1 - Powers of Congress

Section 8, Clause 15
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Article 1, Section 8, Clause 17
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings

Clause 17 limits all the exclusive powers of the federal government inside the country to one place - the federal enclave.

Using the supposition that Congress had the authority to determine what did or did not constitute rebellion or insurrection in the States would make the entire purpose of the enumeration of powers...pointless!

The indispensable necessity of complete authority at the seat of government, carries its own evidence with it. It is a power exercised by every legislature of the Union, I might say of the world, by virtue of its general supremacy.
James Madison Federalist #43

Two powers cannot be absolute at the same place at the same time, and the parties to the compact, or the States, are the absoulte authority within their repective States.

-----

And here we're back to the eternal question of the constitutionality of the Air Force. You ever going to answer that one?

Well, since you've been kind in both your language and your demeanor -

IMHO, the air force can only be Constitutional as long as it remains part of the Navy.

Feel better? :-)

327 posted on 06/08/2013 6:47:13 PM PDT by MamaTexan (I am not a citizen of the United States, I am a citizen of one of the several States)
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To: donmeaker

Please provide a link to historical documentation to substantiate your assertion that the ‘Executive’ as written in Article 4 Section 4 of the US Constitution means the Executive of the federal government and not an Executive of the several States.


328 posted on 06/08/2013 6:47:58 PM PDT by MamaTexan (I am not a citizen of the United States, I am a citizen of one of the several States)
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To: CodeToad
Sadly, my funnybone isn’t working today.

I'm sincerely sorry to hear that. Hopefully it'll get some rest on the weekend.

The Constitution was not written that way at all.

It certainly wasn't, but so many Americans have been educated into ignorance I fear the Founders might have well saved themselves the trouble by writing 'We hereby create the United States' and gone home!

329 posted on 06/08/2013 6:52:07 PM PDT by MamaTexan (I am not a citizen of the United States, I am a citizen of one of the several States)
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To: CodeToad

When is comes to an appreciation of the south, you can’t do better than Gen. Sherman. Below from his correspondence with Hood, after Hood had burned Atlanta.

“In the name of common-sense, I ask you not to appeal to a just God in such a sacrilegious manner. You who, in the midst of peace and prosperity, have plunged a nation into war—dark and cruel war—who dared and badgered us to battle, insulted our flag, seized our arsenals and forts that were left in the honorable custody of peaceful ordnance-sergeants, seized and made “prisoners of war” the very garrisons sent to protect your people against negroes and Indians, long before any overt act was committed by the (to you) hated Lincoln Government; tried to force Kentucky and Missouri into rebellion, spite of themselves; falsified the vote of Louisiana; turned loose your privateers to plunder unarmed ships; expelled Union families by the thousands, burned their houses, and declared, by an act of your Congress, the confiscation of all debts due Northern men for goods had and received! Talk thus to the marines, but not to me, who have seen these things, and who will this day make as much sacrifice for the peace and honor of the South as the best-born Southerner among you! If we must be enemies, let us be men, and fight it out as we propose to do, and not deal in arch hypocritical appeals to God and humanity. God will judge us in due time, and he will pronounce whether it be more humane to fight with a town full of women and the families of a brave people at our back or to remove them in time to places of safety among their own friends and people. I am, very respectfully, your obedient servant,

W. T. SHERMAN, Major-General commanding.”


330 posted on 06/08/2013 7:09:58 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: MamaTexan

I refer my learned friend to the answer I gave some moments ago.


331 posted on 06/08/2013 7:10:52 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: MamaTexan

You are wrong again.

The Air Force is an Army.

“The Congress shall have Power To ...raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years....”


332 posted on 06/08/2013 7:15:50 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: central_va

The pretended confederate states were in rebellion against the US government, and at war with the Several states that made up that government.

They needed to win that war to become a country. They failed, thank goodness.


333 posted on 06/08/2013 7:26:07 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: MamaTexan

yet somehow, domestic violence is distinct from insurrection, and the requirement for state official’s permission to assist against domestic violence has no counterpart in a requirement for permission against an insurrection. Why? Because it would have put a big fat target on the officials who had authority to request such assistance.

Any insurrection could have murdered such an official (such as Sam Houston, governor of Texas who was opposed to the insurrection). Since there was no such need to get permission, the insurrection let Sam Houston live, although they illegally resorted to force to prevent him from exercising his office.

Sam Houston was uniquely experienced in the authority of Governor, having been governor of both Tennessee and Texas, as well as head of state of the Texas Republic.


334 posted on 06/08/2013 7:33:49 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: donmeaker

Please provide a link to historical documentation to substantiate your assertion that the ‘Executive’ as written in Article 4 Section 4 of the US Constitution means the Executive of the federal government and not an Executive of the several States.


335 posted on 06/08/2013 7:43:53 PM PDT by MamaTexan (I am not a citizen of the United States, I am a citizen of one of the several States)
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To: SeekAndFind; wideawake
This is an excellent, timely, and much needed article. But you can be sure that the hypocritical, self-righteous "civilizationist" idolators among the Neo-Con[federate]s won't care because they aren't interested in the truth.

The Jeffersonianism the Neo-Cons are so fond of is not conservatism. American conservatism, from the very beginning, was always exemplified by the Federalist/Whig/Republican tradition: George Washington (whom even Pat Buchanan admitted favored the North over the slave-holding South but whom Neo-Cons always arrogantly and falsely claim for themselves), Alexander Hamilton, John Adams, John Marshall, John Jay, Fisher Ames, the Pinckneys, Henry Clay, Daniel Webster, and their successors. Even John C. Calhoun began his political career as a nationalist Whig before becoming (for all practical purposes) the founder of the modern Democrat party.

The Constitution vests all aspects of sovereignty in the federal government--not the states.

The Slavocrats prior to the Civil War conspired to force slavery into every state and territory of the Union, and during the War had a state socialist economy much less free than that of the Union.

"Palaeoconservatives" are civilizationist idolators who imply (if not outright avow) that all gods and all religions are the creations of the human mind, that all are equally valid, and that each people has the "duty" to be loyal to whatever tradition they happen to have inherited--rather than in an objective One True G-d and a One True Objective Truth.

A great many Neo-Con[federate]s are skull-measuring evolutionists who deny that all human beings everywhere are descended from one single human couple (Adam and Eve).

Both the contemporary federal government and the contemporary political culture of the American Black community are sheer, unadulterated monstrosities; but to read this back into the Civil War is to engage in lying. It's absolutely maddening to find the same people who insisted on importing thousands and thousands of Africans into the country as slaves now evincing a poisonous hostility to the very people their "sainted ancestors" both imported and insisted on holding onto even if it meant the destruction of their country.

G-d bless the Federalists, the Anti-Masons, the Whigs, and the Republican party!

PS: And though I don't enjoy doing so, I feel obligated in the name of honesty to admit that I accept the eternal validity of the Torah, including its position on, and regulations of, slavery.

336 posted on 06/08/2013 7:51:19 PM PDT by Zionist Conspirator (Ki-hagoy vehamamlakhah 'asher lo'-ya`avdukh yove'du; vehagoyim charov yecheravu!)
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To: MamaTexan; Travis McGee

” so many Americans have been educated into ignorance I fear the Founders might have well saved themselves the trouble by writing ‘We hereby create the United States’ and gone home!”

Wow. That’s the first I have heard that idea. Excellent thought. It should be spread around all over the place, and I don’t say that lightly. And you are right.

Hey, trav, something to chew on.


337 posted on 06/08/2013 8:02:26 PM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: donmeaker

So a general, with a history of medical problems is suspended from the military. His suspension increases his mental problems and he starts to contemplate suicide. His wife, who has influential friends and family, writes some letters, pulls some strings and gets him back in the army believing it will help with his mental condition. So you have a mentally unstable, possibly depressed and suicidal man in charge of a large portion of the union army. That’s really disturbing. It amazes me that such corruption could exist in the midst of war and how easily the north let a mentally unstable general run around in the south with an army of soldiers.


338 posted on 06/08/2013 8:16:03 PM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: CodeToad

Certainly Maine had something to do with the US victory at Gettysburg. Perhaps if you watched Gods and Generals or some of the television shows on the subject you would be aware of the various US Army units with state designations.

And of course the 1st Alabama Cavalry was the escort of Sherman as he went on his tour of Georgia.


339 posted on 06/08/2013 11:49:20 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: central_va

If he was so unstable, I guess it would have been easy for the southern insurrection to defeat him.

Since they couldn’t, then the diagnosis of mental instability must have been healed or incorrect. As for depression, accurately foreseeing the likely course of the war would do that to someone who loved his country. Lee appreciated that military officers are called on to destroy that which they love, in course of duty.

“If nominated I will not run, if elected, I will not serve.”
Certainly he was able to clearly state his intentions as to political office.


340 posted on 06/08/2013 11:54:10 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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